21.MPT.185.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION

MISCELLANEOUS PETITION NO. 185 OF 2021

Sajid Ahmed Riyaz Ahmed Sheikh

alias Sajid Riyaz Shaikh

…

Petitioner

And

Riyaz Ahmed Shaikh alias Riyaz Ahmed

Sheikh alias Riyaz Ahamad Sadar Ali

Shaikh alias Riyaz Ahamad Sadar Ali

Sheikh alias Reyaz Ahmad Sadar Ali

…

Deceased

Ms. Vinali P. Bhaidkar for the Petitioner.

CORAM : R.I. CHAGLA, J.

DATED : 21^st JANUARY, 2022.

(V.C.)

ORDER :

1

The learned Counsel appearing for the Petitioner has sought

leave to substitute the Schedule at Exhibit-B of the list of assets and

properties of the deceased with the Schedule which has been tendered in

this Court and taken on record and marked ‘X’ for identification.

2

The permission is granted to the Petitioner to carry out the

amendment by way of substituting Schedule at Exhibit-B which is list of

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business assets and properties of the deceased with the Schedule which is

taken on record and marked ‘X’ for identification. The amendment shall

be carried out forthwith.

3

By the present Petition, the Petitioner seeks a legal heirship

certificate under Section 2 of Bombay Regulation Act, VIII of 1827 in

respect of the deceased Riyaz Ahmed Shaikh who expired at Mumbai on

31.08.2021. A copy of the death certificate is annexed to the Petition.

The deceased was survived by the Petitioner, who is the son of the

deceased, the widow of the deceased and another son of the deceased,

whose particulars are mentioned in the tabular form at paragraph 3 of the

Petition.

4

It is stated that the legal heirship certificate is required for

being submitted to the concerned authorities including the Ministry of

Overseas Indian Affairs who have required such submission of the

heirship certificate for transferring the license/registration in respect of

their business/agency namely M/s. Skyking Travel Service. The amended

schedule of the assets and properties of the deceased is annexed to the

Petition at Exhibit-B to the Petition.

5

The other legal heirs of the deceased being the widow of the

deceased and the other son of the deceased have filed their consent

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affidavits dated 24.11.2021 and 15.11.2021 giving their no objection to

the legal heirship certificate being granted to the Petitioner without

service of the proclamation/notice upon them and have given their full

and free consent for grant of such legal heirship certificate in favour of

the Petitioner, without justifying their share in the estate of the deceased

and waiving service of citation of the Petition being served upon them.

6

No other Petition for legal heirship certificate, succession

certificate, probate or letters of administration with or without will

annexed has been filed. There is no impediment to the grant of relief.

7

The Petition is accepted and made absolute in terms of prayer

clause (b) which reads thus :

“b. That this Hon’ble Court be pleased to issue a Legal

Heirship Certificate to the Petitioner under the provisions

of Bombay Regulation Act, VIII of 1827, certifying that the

Petitioner along with the other heirs mentioned in

paragraph 3 are the only legal heirs and representatives of

the Deceased (Late) Riyaz Ahmed Shaikh alias Riyaz

Ahmed Sheikh alias Riyaz Ahamad Sadar Ali Shaikh alias

Riyaz Ahamad Sadar Ali Sheikh alias Reyaz Ahmad Sadar

Ali.”

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8

Proclamation is dispensed with.

9

The Miscellaneous Petition is accordingly disposed of. No

order as to costs.

(R.I. CHAGLA, J.)

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WAISHALI

SUSHIL

WAGHMARE

Digitally

signed by

WAISHALI

SUSHIL

WAGHMARE

Date:

2022.01.24

16:20:33

+0530